of his command were not only not brought up with him, but by some means had either straggled or been permitted to straggle from the command, and were in Centreville.
Question. Do you mean to say that, because two brigades referred to were in Centreville, the accused entirely neglected to obey the order?
Answer. I presume that is a matter for the court to decide. My own answer to that would be a mere opinion upon the subject. That is exactly a question for the court to decide.
Question. State in what, if to any, extent the accused did obey that order carry it out.
Answer. The accused appeared upon the field on Saturday morning, the 30th of August, with his command, excepting, so far as I am informed, the two brigades specified.
Question. At what hour of the morning did he appear with his command?
Answer. I do not know at what hour of the morning precisely; but it was somewhere between 8 and 10 o'clock, I should think; perhaps earlier that 10 o'clock, perhaps 8 o'clock. I know I made no objections in consequence of the hour that he arrived there.
Question. State now, as a military man, if the two brigades belonging to the corps of the accused had left his command without his knowledge, and had gone to Centreville in opposition to instructions whether his failing to bring up those two brigades with the rest of his command, on the morning of the 30th of August, as you have stated he did, was, in your judgment, a disobedience of the order.
The question was objected to by a member of the court, as the answer of the witness would be a mere opinion.
The accused stated that he had asked the question under what he had supposed to be a former ruling of the court, but he acquiesced in the objection.
Question. At what time of the day on Saturday, the 30th of August, did the battle of that day commence?
Answer. There was more or less skirmishing all the time. But the main battle commenced, I should think, about 12 o'clock; perhaps after that.
Question. Was the accused with his command, so far as he had it on that morning, in that battle?
Answer. A portion of his command was in the battle under his orders. His position in reference to them I did not myself know.
Question. Will you state what was the extent of his force in that battle, if you can?
Answer. I cannot state it exactly; but I can state, I suppose, something like it.
Question. State it approximately.
Answer. The brigade of Griffin and the brigade of Piatt were absent from the field, which I suppose reduced his force between 5,000 and 6,000 men; I presume, therefore, that he had in the battle not to exceed 7,000 men of his own corps with him the ground. Perhaps he had not so many as that: but that is my estimate of the number. In addition to that he had, however, at that time, King's division operating with him, under his command.
Question. State, if you can, the number of his killed and wounded upon that occasion.
Answer. I have not received any report of the killed and wounded from him. But, a day or two ago, since my arrival here, there were lists of killed and wounded sent, I think, by Sykes and Morell, who commanded the divisions of his corps; I have not, however, yet examined them.
The accused here announced his examination closed.
Whereupon the court adjourned to 11 a. m. on Monday next.